When is the deadline for response to a notice of request for transfer of a proceeding?
The catalogue records a 30 days period from Service by the local registrar, by ordinary mail, of the notice of request for transfer in Form 13-63A on the parties to the proceeding in the transferring court. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 30 days
- Trigger
- Service by the local registrar, by ordinary mail, of the notice of request for transfer in Form 13-63A on the parties to the proceeding in the transferring court
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- r 13-7.
- Corrected on verification: the entry cited r 13-64(2), which does not exist. On the King's Printer consolidation of The King's Bench Rules (Part 13, Division 7, Transfer of Proceedings), r 13-64 is headed "Parties to be notified" and reads in full: "If any order is made pursuant to The Court Jurisdiction and Proceedings Transfer Act in the absence of the parties, the local registrar shall, immediately on the decision being given, notify the parties to the proceeding." It is a single unnumbered rule imposing a notification duty on the registrar and contains no period. The 30 day response period is in r 13-63(2). If no application is brought within the 30 days, r 13-63(3) requires the local registrar to place the documents received from the transferring court before a judge for an order accepting or refusing the transfer. An application under r 13-63(2) is not deemed to be a submission to the jurisdiction of the Court. Transfers are governed by The Court Jurisdiction and Proceedings Transfer Act.